RAGHUVENDRA MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Arun Sinha, learned Counsel for the Petitioner and Mr. Dipak Seth, learned Counsel for the opposite party-Union of India.

(2.) The Petitioner has challenge the order impugned dated 3rd of March, 2011, passed by the learned Sessions Judge, Lucknow in Criminal Misc. Case No. 36 of 2011, whereby the Petitioner's bail has been cancelled.

(3.) It is not in dispute that the Petitioner was granted bail on 13th of January, 2011 on the ground that the prosecution had not collected any evidence to connect him with the crime. He is implicated in the case mainly on the ground that the house in which Pan Masala/Gutkha factory was running, is owned by the Petitioner. The Court below in granting bail held that there is no prima facie, evidence to connect the Petitioner with the crime. Thereafter, the Respondent-Union of India moved an application for cancellation of bail of the Petitioner under Section 439(2) of the Code of Criminal Procedure mainly on the ground that the Petitioner has been found to be in constant touch with co-accused Vishnu Kant Sharma on mobile telephone which was suppressed by the Petitioner from the department. Accordingly, it is stated that the Petitioner did not cooperate in the investigation by way of mis-leading the Officer not disclosing about his conversation with co-accused Vishnu Kant Sharma. It is further stated that co-accused Mr. Sharma submitted that he had not entered into an agreement with the Petitioner; rather the Petitioner had got his signature on blank papers which have been fabricated in the form of agreement.